Maier Brewing Co. v. Flora Crane Service, Inc.

Appellant appeals from an order quashing and vacating service of summons on respondents, '.Robert H. Flora and Quentin L. Kopp. The complaint was for malicious prosecution. A second cause of action alleged that the defendants conspired with each other to cause inclusion of appellant as a defendant in an Alameda County action, terminated favorably to appellant on October 20, 1965. A malicious prosecution action must be brought within one- year. . (Department of Mental Hygiene v. Hsu, 213 Cal.App.2d 825 [ 29 Cal.Rptr. 244 ].)

1' On May 8, 1967, service purportedly was made upon Robert H. Flora and Quentin L. Kopp as Doe I and Doe II respectively. Paragraph II of the second cause of action made the usual allegation that the appellant “does not know, the true names of the defendants or the capacities . . . of the defendants herein named by fictitious names, and prays leave to amend its complaint to show the true names and capacities of *875 each of said defendants when the same have been ascertained.”

Flora and Kopp on June 13, 1967 moved to quash such service upon them. The ground alleged was that at the time appellant filed its complaint it knew respondents’ names, and their…